Chicken By-law 42-2017 (consolidated with By-law 41-2019)
Saugeen Shores, Ontario
· adopted 2017-05-08
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unofficial consolidation, the official version is held by the municipal clerk.
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Consolidated Chicken By-law
The Town of Saugeen Shores Chicken By-law is prepared by the Development
Services Division. This online edition is prepared for convenience only. For accurate
reference, recourse should be had to the original by-law and amendments thereto.
Chicken By-law 42-2017 (Original) has been consolidated with the following By-law
Amendments:
By-law 41-2019 - Adopted by Council on May 13, 2019.
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
Chicken By-law
Being a By-law to Regulate the Keeping of Hens in the Town of Saugeen Shores
WHEREAS the Municipal Act, 2001 (S.O. 2001, c.25) authorizes a lower tier
municipality to pass By-laws regulating the keeping of animals;
AND WHEREAS the Council of the Corporation of the Town of Saugeen Shores
considers it desirable to enact such a By-law;
THEREFORE BE IT RESOLVED that the Council of the Town of Saugeen Shores
enacts as follows:
1.
DEFINITIONS
In this by-law,
"Hen" means female chicken
"Official Plan" means the Town of Saugeen Shores Official Plan and its
amendments
"Owner" means a person or his or her authorized agent in lawful control of the
premises, building, occupancy or other structure or portion thereof under
consideration and who keeps or harbours hens
"Town" means Town of Saugeen Shores
"Zoning By-law" means the Town of Saugeen Shores Zoning By-law and its
amendments
2.
REGISTRY
The Town's Chief Building Official shall maintain a registry of owners of hens
and owners of property on which hens are kept.
The Registry shall contain the following information:
a)
The name of the owner of property on which hens are kept
b)
The street address of the property on which hens are kept
c)
The mailing address of the owner of property on which hens are kept
d)
A statement from the owner of property on which hens are kept which
affirms that all requirements are this by-law will be adhered to
The Town may collect a fee to maintain the registry and any fee shall be
incorporated in the Town's Fees & Charges By-law.
3.
LAND REQUIREMENTS
No person shall keep, at any one time, more than 5 hens at a property.
No person shall keep hens on a property except in accordance with the
following provisions:
a)
The owner of the land has paid any applicable fee as authorized by this
By-law to register the hens with the Town
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b)
The owner of the land has provided the necessary information to the
Town in respect of the Registry outlined in this by-law
c)
The owner resides on the property
d)
The property on which the hens are located is zoned R1-Residential
One, R2-Residential Two or PD-Planned Development, and any special
provisions for the listed zones in the Town's Zoning By-law
e)
The property on which the hens are located is within the Settlement
Area of the Town's Official Plan
f)
The property on which the hens are located contains a lawfully existing
single detached dwelling unit
g)
The property on which the hens are located is 1000 m2 or greater
h)
Hens can only be located in the rear yard, as defined in the Town's
Zoning By-law
i)
The owner abides by all provisions of this by-law
4.
HEN REQUIREMENTS
All permitted hens shall be kept in a fully enclosed coop or run in a manner that
contains the hens on the property and prevents their escape from such coop or
run.
All hens shall be tagged with sufficient information to identify the owner of the
hens.
5.
COOP AND MAINTENANCE REQUIREMENTS
Coops and any run shall be setback a minimum of 1.5 m from side and rear lot
lines and a minimum of 5 metres from any dwelling unit, excluding the dwelling
unit on the property on which the hens are located.
Every owner of hens and every property owner on which hens are kept shall
ensure the hens are housed in a coop that is constructed and maintained:
a)
to provide protection from weather and be adequately ventilated
b)
to exclude rodents and predators
c)
with flooring that is resistant to moisture and mold and retains heat in
the cold weather
d)
with a chicken box sufficient to accommodate all hens
e)
with a perch area sufficient to accommodate all hens
f)
with an accessible dust bath area
Every owner of hens and every property owner on which hens are kept shall
ensure that:
a)
Coops and runs are maintained in a clean condition
b)
Coops and runs are maintained to ensure that smells do not cause a
nuisance to residents of any neighbouring property or any residents of
the Town
c)
Coop floors are lined with shavings, straw or other appropriate materials
to absorb manure and facilitate cleaning
d)
Coops are deep cleaned at least two times per year including
disinfection of troughs, perches and nests
e)
Feeders and water containers are provided and are cleaned and
disinfected regularly
f)
All stored feed is kept in rodent proof containers and secured at all
times to prevent rodents and other animals from accessing it
g)
Feeding of hens is done in a manner that minimizes the attraction of
rodents or other animals
h)
Manure and droppings are cleaned out daily and stored in a secured
container until disposed of in accordance with all applicable laws and
regulations
i)
Hens have access to an enclosed outdoor run area
j)
Deceased hens are disposed within 24 hours of death at a livestock
disposal facility, through the services of a veterinarian, or through a
facility approved by the Ministry of Agriculture, Food and Rural Affairs
and are disposed of in accordance with all other applicable laws and
regulations
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k)
Hens are kept in accordance with all other Town by-laws respecting
noise and property maintenance
6.
PROHIBITIONS
No person shall engage in the sale of eggs, manure, meat or other products
and by-products of hens.
No person shall engage in the slaughtering or butchering of hens.
No person shall keep roosters.
7.
NON-APPLICABILITY
This By-law does not apply to lands meeting any the following provisions:
a) Lands located outside of the Town's Settlement Area as defined in the
Town's Official Plan
b) land that is a lawfully operating farm operation
c) land that is zoned A-Agricultural
8.
CONTRAVENTION
The provisions of this by-law shall be enforced by the Municipal Law
Enforcement Officer or a Police Officer.
An officer who has reasonable grounds to believe that a person has
contravened any provisions of this by-law may require that person to provide
identification of themselves, and every person who is required by an officer to
provide identification under this section, shall identify themselves to the officer
and shall provide their correct name and address.
8.2.1 Providing such information shall constitute sufficient identification.
8.2.2 Failure to provide such information shall constitute obstruction of the Officer.
Enforcement - Provincial Offences Act
Any person who violates a provision of this by-law is guilty of an offence an on
conviction is liable to pay a penalty provided in Section 61 of the Provincial
Offences Act R.S.O. Chapter P 33 as amended or re-enacted from time to time.
Enforcement - Municipal Act
Where any person is directed or required by this by-law to do any matter or
thing, such matter or thing may be done in default of its being done by the
person directed or required to do it at that person's expense, and such expense
may be recovered by action or as municipal taxes in the manner prescribed by
the Municipal Act.
9.
TIME LIMIT
Unless this by-law is amended by the Town, all permissions granted by this by-
law shall expire 2 years from the date this by-law comes into force.[By-law 41-
2019]
10. SEVERABILITY
In the event that any provision of this by-law is declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the remaining
provisions of this by-law.
11. EFFECTIVE DATE
This by-law comes into force and takes effect upon its passage.
READ A FIRST AND SECOND TIME THIS 8TH DAY OF MAY, 2017.
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READ A THIRD TIME AND FINALLY PASSED AND SEALED THIS 8TH DAY OF
MAY, 2017.
Original Copy Signed by the Mayor and Clerk